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North Dakota Public Records Request Guide

How to request records under the Open Records Law (NDCC Chapter 44-04) — deadlines, fees, exemptions, and the official portal.

📅 Updated 2025 ⚖️ Open Records Law (NDCC Chapter 44-04)

North Dakota — Open Records Law (NDCC Chapter 44-04)

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The North Dakota Open Records Law (NDCC Chapter 44-04)

In North Dakota, government records are governed by the Open Records Law (NDCC Chapter 44-04). This law establishes that public records — defined as any document, recording, or data created or received by a government agency in the course of public business — are presumed to be open for inspection by the public unless a specific statutory exemption applies.

The law covers state agencies, county governments, city and municipal governments, school districts, public universities, and other public bodies. Federal agencies are governed separately by the federal Freedom of Information Act (5 U.S.C. § 552) — see our Federal FOIA Guide.

Response Deadline

Under the Open Records Law (NDCC Chapter 44-04), agencies in North Dakota must respond to a public records request within Prompt — no specific day limit. This is the deadline for the agency's response — meaning they must acknowledge your request and either provide the records, estimate when they will be provided, or explain why records are being withheld. Complex requests may take longer to fully fulfill even after an initial response.

What "respond" means: The agency must acknowledge your request by the deadline. Production of all records may take additional time for large or complex requests. If you receive no response by the deadline, you can send a formal follow-up citing the specific statute — see our No Response Guide.

Fee Rules

Fee waivers allowed. North Dakota agencies may charge for the actual cost of searching, reviewing, and copying records. Before producing records, agencies should inform you of any estimated fees. If the estimated cost is too high, you can narrow your request, negotiate, or request a fee waiver.

Use our Fee Waiver Language Builder to generate the exact language North Dakota requests should include to seek a waiver.

How to Submit a Request in North Dakota

  1. Identify the right agency — Requests must go to the specific agency that holds the records you want. There is no central North Dakota records clearinghouse.
  2. Write your request — Be specific: describe the records clearly, include relevant dates, and cite the Open Records Law (NDCC Chapter 44-04). Use our Letter Generator to create a properly formatted request.
  3. Submit to the records custodian — Most agencies accept requests by email, online portal, or certified mail. Check the agency's official website for their preferred method.
  4. Track your deadline — Note the date you submitted and count forward Prompt. If no response by then, follow up in writing.

Common Exemptions in North Dakota

The Open Records Law (NDCC Chapter 44-04) identifies records that may be withheld. Common exemptions include:

  • Records related to ongoing criminal investigations
  • Personnel files and personal privacy information
  • Attorney-client communications and legal strategy
  • Trade secrets and proprietary business information
  • Records protected by federal law (HIPAA, FERPA, etc.)
  • Records relating to security systems and infrastructure

When an agency withholds records, they must cite the specific statutory provision. A vague claim of "confidentiality" is not sufficient. If you believe records have been improperly withheld, you have the right to appeal.

Appeals Process in North Dakota

Appeal body: No central body — district court

If your request is denied or you receive an inadequate response, you can file an appeal. See our complete Public Records Appeal Guide for step-by-step instructions, including the specific language to use in your appeal letter.

Commonly Requested Records in North Dakota

Police Incident Reports Body Camera Footage 911 Call Recordings Arrest Records School District Records Government Emails Building Permits Court Records

Frequently Asked Questions

Most states allow any person to request public records regardless of residency. Check the specific language of the Open Records Law (NDCC Chapter 44-04) — a few states tie access to residency or citizenship, but most do not require it.
No. Under the Open Records Law (NDCC Chapter 44-04), you are not required to state a reason for your request. You may choose to explain your purpose to help the agency understand what you're looking for — but the agency cannot deny your request simply because they disapprove of your stated reason.
Send a written follow-up citing the Open Records Law (NDCC Chapter 44-04) and the date your request was submitted. If still no response, escalate to No central body — district court. In many states, failure to respond by the deadline is itself a violation that can be cited in an appeal or complaint. See our No Response Guide for template language.
In most states, the agency must acknowledge the existence of records and provide a fee estimate before demanding payment. You then have the opportunity to narrow your request, seek a waiver, or decide not to proceed. Agencies generally cannot charge an upfront fee to simply determine if records exist.
Disclaimer: This page provides general information about North Dakota's public records law. Information may change — always verify with the official North Dakota portal or the No central body — district court before filing. Nothing here constitutes legal advice.